[2018] KEHC 3622 (KLR)
The court found that the applicants failed to demonstrate a sufficient legal relationship to the deceased as beneficiaries or dependants to warrant review or setting aside of the orders made on 17th May 2018. The court further held that any claims of ownership or trust over the disputed land parcels are matters for...
Source-derived case information.
- Citation
- [2018] KEHC 3622 (KLR)
- Parties
- Respondent: Isaiah Ntong’ondu Paul; Respondent: Zaberio Muturia M’Ituiri; Applicant: Henry Gituma Ebuthania; Applicant: Ezekiel Lilli M’Mailutha
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 447 of 2014
- Procedural Posture
- Succession Cause / Ruling on Application for Review and Stay of Execution
- Outcome
- application dismissed with costs
- Legal Topics
- Succession, Grant of Letters of Administration, Review of Court Orders, Beneficiary Status, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Isaiah Ntong’ondu Paul
Respondent
Zaberio Muturia M’Ituiri
Respondent
Henry Gituma Ebuthania
Applicant
Ezekiel Lilli M’Mailutha
Applicant
Procedural Posture
Succession Cause / Ruling on Application for Review and Stay of Execution
Legal Issues
- 1 Whether the court should review or set aside its orders made on 17th May 2018 regarding the estate of the deceased.
- 2 Whether the applicants have established sufficient grounds for review of the grant and related orders.
- 3 Whether claims of ownership or trust over the disputed land can be determined in the succession cause.
Ratio Decidendi
The court found that the applicants failed to demonstrate a sufficient legal relationship to the deceased as beneficiaries or dependants to warrant review or setting aside of the orders made on 17th May 2018. The court further held that any claims of ownership or trust over the disputed land parcels are matters for the Environment and Land Court, not the succession court. As such, the application for review was dismissed, and the orders previously made remained in force. The court emphasized that succession proceedings are not the proper forum for adjudicating substantive land disputes, and that the applicants had not met the threshold for review under the Law of Succession Act.
Court Disposition
application dismissed with costs
Orders
- The application for review dated 18th May 2018 is dismissed with costs.
- The orders made on 17th May 2018 remain in force.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
SUCCESSION CAUSE NO. 447 OF 2014
IN THE MATTER OF THE ESTATE OF ELIZABETH NCORORO ISAIAH - DECEASED
ISAIAH NTONG’ONDU .........................................................PETITIONER/1ST RESPONDENT
ZABERIO MUTURIA M’ITUIRI...........................INTERESTED PARTY/2ND RESPONDENT
VERSUS
HENRY GITUMA EBUTHANIA..................................................1ST OBJECTOR/APPLICANT
EZEKIEL LILLI M’MAILUTHA ..............................................2ND OBJECTOR/APPLICANT
RULING
Subsequent to determination of application for revocation of Letters of Administration herein delivered on 17th May 2018, the Objector/Application dated 18th May 2018 seeking review and/or setting aside of orders made on 17th May 2018 and stay execution of the orders of 17. 5.2018 pending determination of application for review.
The application is based on the grounds on face of affidavit and supporting affidavit of Henry Gituma Ebuthama. The application was opposed by the Reply Affidavit Isaiah Ntong’undu Paul sworn on 28th May 2018.
The application was canvassed by way of written affidavits. Grant made on 15th December 2014 to Isaiah Ntong’ondu Paul was confirmed by Justice Gikonyo on 8th March 2016 and in my view the application dated 12th October 2016 seeking temporary injunction restraining the petitioner/Respondent his agents, purchasers from entering, building, erecting, constructing trespassing, further subdivision or transferring and/or in any way. Whatsoever interfering with Parcel no. Njia/Libunu/236 or 151 until the said application was determined in my view was overtaken by events. For this court to revoke grant it needed to be shown how the applicant was related to the deceased as beneficiary and/or dependant. As the court held earlier claims of ownership over land or claims of trust can only be determined in the Environment and Land Court.
This court does not therefore find any reason to review its orders made on 17th May 2018. If the Petitioner who was the deceased persons husband is found to have improperly acted on this land in question then the Environment & Land Court will be at liberty to pronounce itself so.
The application for review is dismissed with costs.
HON. A.ONG’INJO
JUDGE
RULING SIGNED, DELIVERED AND DATED THIS 2ND DAY OF AUGUST 2018.
In the presence of:-
Petitioner:- Ms Mwilaria Advocate for Petitioner
Objector:-Ms Ngugi Advocate for Objector.
HON. A.ONG’INJO
JUDGE